Chapter 10 The Presidency

Chief of State• Symbolic national leader

• Performs ceremonial duties– dedicates monuments, parks, special awards or

recognition– gives nation a sense of unity and values

• Represents US with other nations– negotiates treaties– accepts diplomatic credentials– makes foreign executive agreements– meets foreign ministers

• Also political leader of Government• Difficult for some to balance the two roles

Chief Executive Officer

• Cabinet/Agency Appointments

• Judicial reprieves, pardons, and amnesty

• National emergencies in peacetime

• Faithfully execute laws of the land

Presidential Popularity

The Presidency

• The President’s Constitutional Powers

• Presidential Roles

• Organization

Constitutional Requirements to Hold Office

• Article II of the Constitution• At least thirty-five years of age

– John F. Kennedy, at the age of forty-three, was the youngest to be elected.

• Natural-born citizen– Martin Van Buren, born in 1782, was

the first president born under the U.S. flag.

• Resident of the United States for fourteen years

Term of Office• The president serves a four-year term.

• The Constitution did not limit the number of terms that could be served.

• President Washington left office after two terms, thereby establishing the tradition of a two-term presidency.

• President Roosevelt was elected to four terms.

• Twenty-second Amendment limits president to two terms.

Article I Powers of the President

• State of the Union• Recommend to Congress measures he

shall judge necessary and proper.• Veto• Pocket veto• The line-item veto was granted to the

president in 1996 but was declared unconstitutional.

Article II Powers

• Commander in chief

• Request opinions of executive department heads

• Grant pardons except for impeachment

• Appointments

• Treaties

• “...he shall take Care that the Laws be faithfully executed….”

Plasticity of Presidency

• The President “shall Care that the Laws be faithfully executed”.

• Stewardship Theory - president can under take act as long as it is not specifically prohibited.

• Constitutional Theory - president cannot exercise any power unless it is based on a constitutional provision

Bureaucratic and Judicial Powers

• Appointment authority within executive and judicial branch

• Removal authority – unrestricted when it applies to non-civil

service appointees.– restricted when it applies to independent

regulatory agencies.

• Pardons - power to grant reprieves and pardons for offenses against U.S.

Institutional Resources of Presidential Power

• The Cabinet

• The White House Staff

• The Executive Office of the President

The Cabinet

• There are fifteen Cabinet departments that carry out the legislative mandates of Congress.– Inner cabinet - DOS, DOD, DOJ, DOTres– Outer cabinet - eleven other departments

• The president is the Chief Executive and appoints the Cabinet secretaries.

• Kitchen cabinet

Staff Size Has Grown

2004

431

The White House Staff

• Prior to 1932 - mainly clerical

• Today - highly specialized policy experts

• Sixty senior aides in both foreign and domestics policy areas

• They are not subject to the Senate advice and consent.

Primary Functions

• Broad area of advice not influenced by department or special interests

• Set legislative agenda

• Keep track of bureaucratic processes

• Review actions of cabinet departments

• Schedule President’s activities

• Filter all requests made to President– say no when President doesn’t want to

The Executive Office of the President

• Permanent staff agencies with 1500 to 2000 employees

• The Executive Office of the President performs most of the management tasks for the president.

• The Office of Management and Budget is the most important office.

• NSC/NSA• Council of Economic Advisors

The Vice Presidency• Exists to succeed the president in case of

death, incapacity, resignation, or impeachment

• Also presides over the Senate, but votes only to break ties

• Balances the ticket– JFK and LBJ

– Bush and Cheney

– Gore and Lieberman

25th Amendment

• Procedures to replace VP– nominated by President, confirmed by Congress

• Twenty-fifth Amendment provides for the constitutional replacement of president in case of incapacity

• Presidential Succession Act of 1947+ vice president,+ speaker of the House,+ president pro tempore of the Senate,+ cabinet departments by date of creation.

President and Foreign Affairs

• Commander in Chief (CinC)– manning the military– making war

• Chief Diplomat/Negotiator– Treaties and Agreements

The President as CinC• Select/promote senior staff

• Congress declares war

• Commit military forces– WWII to Vietnam unrestricted

– Gulf of Tonkin Resolution 1964

– War Powers Act/Resolution 1973

– Hughes-Ryan Amendment - covert ops

• Secret executive agreements

• Set up military governments

Chief Diplomat/Negotiator

• International Treaties– Negotiated by DOS– Approved by two thirds of Senate

• Executive Agreement - understand between two heads of state– does not require senate approval

The President as Chief Legislator

• State of the Union

• Legislative Agenda

• Budget Proposal

• Veto

• Special Sessions

• Party Leader

Legislative Skills

• Must know legislative environment

• Must have a good sense of timing

• Must prioritizes efforts and energies

• High quality legislative liaison office

• Bipartisan consulting efforts

• Bipartisan majority support crucial

Presidential “Batting Average”

14-3

Veto Process Possibilities

• Normal

• Pocket veto

• Line item veto

The Veto Process

Executive Privilege

• Personal communications with primary advisors is immune from congressional or judicial scrutiny.

• Similar to doctor - patient or lawyer - client privileged information.

• Not absolute and can not be applied to entire executive branch.

Impeachment of the President

• President may be impeached for treason, bribery, or other high crimes and misdemeanors.

+ Andrew Johnson (impeached but not convicted)

+ Richard Nixon (House Judiciary Committee voted to impeach and Nixon resigned)

+ William Jefferson Clinton (impeached but not convicted)